The above captioned case was scheduled for hearing on August 27, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Newbrook, Evans, Preiss, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Garron of the Cumberland Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 15, 2002 inspection report compiled by the Cumberland Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cumberland Fire Marshals Office during the August 27, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency by the Applicant shall be noted herein.
	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used herein is defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants a variance from the provisions of Sections 23-28.16-1 and 23-28.8-6 in order to allow the Applicant to maintain steel ladders as part of the fire escape system from this facility and to further allow for an eight (8) foot lead to ground from the fire escape ladders.  In granting this variance to allow the Applicant to maintain the existing ladders, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape is achieved.  Finally, it is the understanding of the Board that both the fire escapes and the windows accessing the fire escapes are in good condition.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant has provided this facility with an approved fire alarm system to the satisfaction of the Cumberland Fire Marshals Office.
3.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain the recent installed solid core wood doors in the existing apartment door jambs of this facility.  In granting this variance, it is the further understanding of the Board that the Applicant has provided the above solid core doors with approved spring-loaded hinges to the satisfaction of the Cumberland Fire Marshals Office.  Finally, the Board directs the Applicant to provide an approved Class A finish on any wainscoting within the stairway system of this facility within thirty (30) days from the date of this Decision.
4.	It is the understanding of the Board that the Applicant has corrected this deficiency by providing this facility with approved exit signage.
5.	The Board hereby grants a variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition, in order to allow the Applicant to maintain approved fire extinguishers in each of the apartment units of this facility.
6.	It is the understanding of the Board that the Applicant has provided this facility with an approved fire alarm system.  Accordingly, as a condition of the variances granted herein, the Board directs the Applicant to maintain the above fire alarm system as a required system.  Finally, the Board grants the Applicant a time variance of thirty (30) days in order to correct any remaining deficiencies.

	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.   In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].